[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill 3-11-1985 as L.L. No. 2-1985. Amendments noted
where applicable.]
A.
No civil action shall be maintained against the Village
of Fishkill for damages or injuries to person or property sustained by reason
of any highway, bridge, culvert or any other village appurtenances being defective,
out of repair, unsafe, dangerous or obstructed unless:
(1)
Written notice of such defective, unsafe, dangerous or
obstructed condition was received by the Clerk of the Village of Fishkill
or Village of Fishkill Commissioner of Highways.
(2)
There was a failure or neglect within a reasonable time
after the giving of such notice to repair or remove the defect, danger or
obstruction complained of.
B.
No such action shall be maintained for damages or injuries
to person or property sustained solely in consequence of the existence of
snow or ice upon any highway, bridge, culvert or any other village appurtenances
unless:
(1)
Written notice thereof specifying the particular place
was actually received by the Clerk of the Village of Fishkill or the Village
of Fishkill Commissioner of Highways.
(2)
There was a failure or neglect to cause such snow or
ice to be removed or to make the place otherwise reasonably safe within a
reasonable time after the receipt of such notice.
The Village of Fishkill Commissioner of Highways shall transmit in writing to the Clerk of the Village of Fishkill within 10 days after the receipt thereof all written notices received by said Clerk pursuant to § 114-1 of this chapter.
The Clerk of the Village of Fishkill shall keep an indexed record, in
a separate book, of all written notices which said Clerk shall receive pursuant
to this chapter of the existence of a defective, unsafe, dangerous or obstructed
condition in or upon or of an accumulation of ice or snow upon any village
highway, bridge, culvert or any other village appurtenances, which record
shall state the date of receipt of the notice, the nature and location of
the condition stated to exist and the name and address of the person from
whom the notice is received. The record of each notice shall be preserved
for a period of five years after the date it is received.